Northern Territory Consolidated Regulations

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SUPREME COURT RULES 1987 - REG 82.23

Reservation of points of law

    (1)     This rule applies in relation to a case stating a question of law reserved under section 408, 409 or 414(2) of the Criminal Code on the trial of a person charged with an indictable offence.

    (2)     If the case states a question of law reserved under section 408 of the Criminal Code, the case must state:

        (a)     whether judgment on the finding of guilt was pronounced and respited or was postponed; and

        (b)     whether the person found guilty was committed to prison or admitted to bail or to receive judgment.

    (3)     On receiving the case, the Registrar must:

        (a)     set the case down for hearing on the first day on which the Court of Criminal Appeal is next appointed to sit; and

        (b)     give a copy of the case, without delay, to:

            (i)     the Solicitor for the Northern Territory; and

            (ii)     the parties; and

            (iii)     for an application under section 414(2) of the Criminal Code – the accused.

    (4)     The Judge who signed the case may amend it at any time before argument.

    (5)     The accused person has the carriage of the proceeding, except for an application under section 414(2) of the Criminal Code.



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